The draft environment impact assessment (EIA) notification has drawn flak from environmentalists, students and NGOs across India who claim it diluted the environmental clearance procedure. 

The draft EIA notification, which involves procedure of issuing environmental clearances to various projects, was issued by the ministry of environment in March this year and public suggestions were invited.

The ministry had earlier said it would not extend the deadline for people to give suggestions and opinions beyond June 30, but later gave time till August 12.

Environment Impact Assessment

Environment Impact Assessment (EIA) is a process, used to identify the environmental, social and economic impacts of a project. It is a decision-making tool, which guides the decision makers in taking appropriate decisions for proposed projects. 

It aims to predict environmental impacts at an early stage of project planning and design, find ways and means to reduce adverse impacts, shape projects to suit the local environment and present the predictions and options to decision makers.

By using EIA, both environmental and economic benefits can be achieved. EIA systematically examines both beneficial and adverse consequences of the proposed project and ensures that these impacts are taken into account during the project design. 

By considering environmental effects and mitigation early in the project planning cycle, there are many benefits, such as protection of the environment, optimum utilization of resources and saving overall time and cost of the project. Properly conducted EIA also lessens conflicts by promoting community participation.

Many countries have implemented EIA. On one side, it acts as a key to control the activities of private entities. On the other hand, it is a prerequisite for grants or loans by international financial institutions.

EIA in India

EIA was first used in India as early as 1978 with river valley projects, and was subsequently extended to large public sector projects requiring Public Investment Board (PIB) clearance. 

These practices were formally codified for the first time in the EIA Notification, 1994, which came into effect from January 27, 1994. 

The notification made the requirement of environmental clearance mandatory for 29 categories of projects/processes, listed therein. The criterion of investment was the basis for the projects requiring environmental clearance in different sectors. 

Subsequently, EIA Notification, 2006 was issued with an objective of National Environmental Policy as approved by the Union Cabinet. This notification made the requirement of prior environmental clearance mandatory for 39 categories of projects/ activities, listed therein based on the pollution potential.

The EIA Notification, 2006 have been amended from time to time to further streamline the clearance process. The amendments have also been done to address emerging concerns stemming from the need to integrate environmental concerns into the developmental process for achieving the goal of sustainable development.

Classification of projects 

It has been made mandatory to obtain environmental clearance for different kinds of developmental projects. The notification has classified projects under two categories - A and B. 

Category-A projects (including expansion and modernisation of existing projects) require clearance from central government while category-B projects should be considered by State Level Environmental Impact Assessment Authority (SEIAA), constituted with the approval of MoEF.

The B category is further categorised as ‘B1’ and ‘B2’. B1 projects will require preparation of EIA reports. Projects falling under Category B2 are exempted from the requirement of collection of baseline data, EIA studies and public consultation.

Draft EIA 2020

The draft notification is issued under the powers vested in the central government under the Environment (Protection) Act, 1986 to take all such measures for “protecting and improving the quality of the environment”.

According to the government, the new notification is being brought in order to make the process more transparent and expedient by the implementation of an online system, further delegation, rationalisation and standardisation of the process. However, environmentalists say that the draft will further dilute the EIA process.

What’s controversial about draft EIA 2020?

The new draft has been proposed with the aim of making processes more transparent and expedient. But in effect, the draft proposes the removal of several activities from the purview of public consultation.

The notification envisages two kinds of approval — prior environment clearance (EC) with the approval of expert committees and environmental permission or provision (EP) without the approval of expert committees.

One of the main causes of concern is that the draft has exempted almost 40 different projects such as clay and sand extraction or digging wells or foundations of buildings, solar thermal power plants and common effluent treatment plants from prior EC or prior EP.

Several projects such as all B2 projects, irrigation, production of halogens, chemical fertilisers, acids manufacturing, biomedical waste treatment facilities, building construction and area development, elevated roads and flyovers, highways or expressways are exempted from public consultation.

The projects under the B2 category include offshore and onshore oil, gas and shale exploration, hydroelectric projects up to 25 MW, irrigation projects between 2,000 and 10,000 hectares of command area, small and medium mineral beneficiation units, small foundries involving furnace units, some categories of re-rolling mills, small and medium cement plants, small clinker grinding units, acids other than phosphoric or ammonia, sulphuric acid, micro, small and medium enterprises (MSMEs) in dye and dye intermediates, bulk drugs, synthetic rubbers, medium-sized paint units, all inland waterway projects, expansion or widening of highways between 25 km and 100 km with defined parameters, aerial ropeways in ecologically sensitive areas, and specified building construction and area development projects.

The public outcry is over apprehensions that the exemption from EIA and public consultation for listed B2 category activities and expansion and modernisation projects will seriously affect the environment, since these will be carried out without oversight.

In addition, the notice period for public hearing has been cut from 30 days to 20 days. This will make it difficult to study the draft EIA report, more so when it is not widely available or provided in the regional language.

Similarly, for project modernisation and expansion, the norms require only those involving more than 25 per cent increase requiring EIA, and over 50 per cent attracting public consultation. The validity period of environmental clearance has been increased for mining, river valley and other projects. 

The EIA Notification 2020 excludes reporting by the public of violations and non-compliance. Instead, the government will take cognisance of reports only from the violator-promoter, government authority, Appraisal Committee or Regulatory Authority. Such projects can then be approved with conditions, including remediation of ecological damage, which, again, will be assessed and reported by the violator (and not an unconnected agency), although Central Pollution Control Board guidelines must be used.

(With inputs from The Week)